356 / 516
Article 65 stipulates about the documents evidencing infringe-
ment. Accordingly, the proprietor of a trademark can request from the
infringing party to present the documents related to unauthorized use
of trademark, for valuation of the suffered economic loss resulting
from the infringement of the trademark.
According to article 66, the economic loss borne by the proprietor
of the trademark includes not only the value of the actual loss but also
the loss of income incurred because of the infringement of the trade-
mark rights. In calculation of the profits surrendered, in particular the
economic value of the trademark, the term of protection remaining at
the time of infringement, the type and number of the licenses out-
standing and similar effects shall be taken into consideration.
Where the proprietor of the trademark has selected one of the eval-
uation options specified in the subparagraphs of Article 66, the Court,
at its discretion, may reward further reasonable amount, if the trade-
mark contributes substantially to the economic value of the product.
The assessment of the trademark’s contribution to the economic value
of the product shall be grounded on the verification that the demand for
the product results substantially from the trademark.
According to article 68, the proprietor of a trademark may request
additional redress for damages incurred from the improper use of
trademark by the infringing party, which were detrimental to the repu-
tation of the trademark.
Pursuant to article 69, proprietor of a trademark has no recourse
against the purchaser of the sold products by the person who paid com-
pensation for his acts of breach and cannot initiate any of the legal
actions drawn under the provisions of the Section 8 titled as
“Infringement of Trademark Rights” of the Decree Law no 556.
According to article 70, the provisions of prescription times stipu-
lated under the Code of Obligations shall have effect concerning the
time limits for appeals relating to infringements on trademark rights.
Article 71 stipulates that special courts shall have jurisdiction for
all of the actions and claims provisioned by the Decree Law no 556.
For actions brought in respect of the Institute’s decisions within the
Decree Law no 556 and for actions brought against the Institute by the
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NEWSLETTER 2012